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125Ability for creditors to opt not to receive certain notices: individual insolvencyE+W+S+N.I.

“379CCreditors' ability to opt out of receiving certain notices

(1)Any provision of the rules which requires an office-holder to give a notice to creditors of an individual does not apply, in circumstances prescribed by the rules, in relation to opted-out creditors.

(2)Subsection (1)—

(a)does not apply in relation to a notice of a distribution or proposed distribution to creditors;

(b)is subject to any order of the court requiring a notice to be given to all creditors (or all creditors of a particular category).

(3)Except as provided by the rules, a creditor may participate and vote in a creditors' decision procedure or a deemed consent procedure even though, by virtue of being an opted-out creditor, the creditor does not receive notice of it.

(4)In this section—

“give” includes deliver, furnish or send;

“notice” includes any document or information in any other form;

“office-holder”, in relation to an individual, means—

(a)

where a bankruptcy order is made against the individual, the official receiver or the trustee in bankruptcy;

(b)

where an interim receiver of the individual's property is appointed, the interim receiver;

(c)

the supervisor of a voluntary arrangement approved under Part 8 in relation to the individual.”

(4)After section 383 insert—

“383A“Opted-out creditor”

(1)For the purposes of this Group of Parts “opted-out creditor” in relation to an office-holder for an individual means a person who—

(a)is a creditor of the individual, and

(b)in accordance with the rules has elected (or is deemed to have elected) to be (and not to cease to be) an opted-out creditor in relation to the office-holder.

(2)In this section, “office-holder”, in relation to an individual, means—

(a)where a bankruptcy order is made against the individual, the official receiver or the trustee in bankruptcy;

(b)where an interim receiver of the individual's property is appointed, the interim receiver;

(c)the supervisor of a voluntary arrangement approved under Part 8 in relation to the individual.”

“7AProvision for enabling a creditor of an individual to elect to be, or to cease to be, an opted-out creditor in relation to an office-holder for the individual (within the meaning of section 383A), including, in particular, provision—

(a)for requiring an office-holder to provide information to creditors about how they may elect to be, or cease to be, opted-out creditors;

(b)for deeming an election to be, or cease to be, an opted-out creditor in relation to a particular office-holder for an individual to be such an election also in relation to any other office-holder for the individual.”

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